A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 8, 2017, at around 23:59, the Defendant: (a) went beyond the opening hole in front of the subway E Station No. 1 in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) confirmed whether or not the Defendant was injured by the victim C (28 tax) who is a member of the Seoul Transportation Corporation (28 tax) who is a member of the Seoul Transportation Corporation that observed the opening; (c) was assaulted to the victim by taking a bath and taking the face of the victim; (d) obstructed the legitimate execution of duties related to the railroad employees, such as opening of the railroad workers; and (e) at the same time, injured the said victim, such as the subpathing of the subpath of the upper part of the 2nd part of the upper part requiring medical treatment for about four weeks.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. An injury diagnosis certificate and identification card;

1. Application of the investigation report (victim C’s photographic photo taken by the victim C), investigation report (E regraving “B” and CCTV video recording in large rooms) Acts and subordinate statutes

1. Article 257 (1) of the Criminal Act (a point of harm), Articles 78 (1) and 49 (2) (a point of harm to railroad workers) of the Railroad Safety Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for the Dismissal of Application for Compensation: Consideration of damage is not provided, circumstances that are favorable to the fact that the injured person has not received any tolerance from the injured person: the primary offender; the fact that the injured person has committed mistake and reflects the fact that the injured person deposited considerable amount for the injured person; the fact that the injured person deposited it for the injured person; and all other circumstances that are conditions for sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, sexual behavior, career, home environment, motive and means of the crime, and the circumstances after the crime;